Christine Hunschofsky seeks to strengthen background screening for those caring for children

Rep. Christine Hunschofsky is backing a bill to add screening requirements for individuals who care for children.

Hunschofsky, a Coconut Creek Democrat, filed the bill (HB 531) to ensure the safety of children in various care and enrichment programs by reinforcing background screening requirements and increasing public awareness.

The measure would revise and amend Florida statutes to define a “recreational enrichment program.” It specifies that such programs do not need to obtain a license from the Department of Health (DOH).

A recreational enrichment program is defined as an organization that provides activities for children — such as dance instruction, music instruction, gymnastics or martial arts — on an ongoing basis that takes place partially or fully indoors. The term does not include organizations licensed to provide child care.

While these organizations are not required to obtain a license, they are required to go through appropriate background screening for any of their personnel.

DOH, in conjunction with the Florida Department of Law Enforcement and the Agency for Health Care Administration, would be required to develop and maintain a statewide public awareness campaign about background screening requirements.

DOH would be given access to the records of facilities to ensure they are compliant, and the bill offers DOH flexibility to adopt rules relating to the screening requirements for Summer day camps, Summer 24-hour camps and recreational enrichment programs.

The bill further states it is unlawful for any person, or agency — including family foster homes, Summer day camps, Summer 24-hour camps and recreational enrichment programs — to use or release the information within criminal or juvenile records for any purpose other than employment screening.

Screening requirements for foster homes, residential child care agencies, and child placing agencies would be amended to include any person over the age of 12 who is living on the premises. Family members of the owner or operator between the ages of 12 and 18 years are not required to be fingerprinted, however, they must be screened for delinquency records.

Volunteers assisting less than 10 hours per month are exempt from screening requirements if a screen person is present with them.

The bill further revises the remedies for failure to comply with screening requirements and updates penalty provisions. DOH may institute injunctive proceedings to enforce compliance, including terminating the operation of noncompliant programs.

Violations can result in misdemeanor or felony charges, depending on the severity and frequency. If passed, the bill will take effect July 1.

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